Missouri Missouri

Divorce Law Guide

Missouri Divorce Overview

Residency Requirement
Living Separate & Apart
Processing Time
Filing Fee
3 months
120 days

The facts about divorce in Missouri

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Missouri, a divorce can be completed on average in a minimum of 120 days, with court fees of $180.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Missouri for a minimum of three months.

On this page, you can learn about Missouri's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Missouri alimony calculation, the property division process and more.

Missouri Divorce Law Summary

What are the Grounds for Divorce?

One party must be a resident of the state of Missouri or is an individual from the Armed Forces who has been positioned in this state, for ninety days before the disintegration of marriage will be conceded.

The Petition for Dissolution of Marriage must be on grounds after that the disintegration of marriage is being looked for. The proper legal ground will be what the gatherings concur upon and can substantiate, or that which the documenting companion wants to demonstrate to the court. The disintegration of marriage grounds are as per the following:

The marriage is irretrievably broken, and there is no sensible probability that the marriage can be fixed. If both of the spouse's plea that the marriage is irretrievably broken, or one of them has stated, and the other has not denied it, the court, will have to consider the evidence presented and decide if the marriage has indeed fallen apart.

Missouri Divorce Guide - Frequently Asked Questions

In state of Missouri a number of factors are taken into account when ending a marriage.

1. Missouri Grounds for Divorce FAQ

Is Missouri a no-fault divorce state?

Missouri allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Missouri may be "irreconcilable differences", or similar grounds.

The state of Missouri is exclusively a no-fault divorce state, which means that the only grounds for divorce offered on divorce applications are considered no-fault.

Does Missouri allow at-fault divorces?

Missouri does not support traditional at-fault grounds for divorce, instead offering blanket divorce grounds that do not require either spouse to be proved to be at-fault when filing for divorce.

Does the state of Missouri allow incompatibility as grounds for divorce?

The state of Missouri does not allow incompatibility to be reason alone for having a divorce.

Can you get a divorce in Missouri for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

Missouri does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Missouri's accepted grounds for divorce.

2. Missouri Divorce Process FAQ

Does state of Missouri allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Missouri will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

What's the difference between a divorce and an annulment in Missouri?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

How long do I have to live in in the state of Missouri to get a divorce?

The state of Missouri requires that spouses suing for divorce to have lived in the state for a minimum of three months prior to filing divorce papers. Otherwise, Missouri courts are not considered to have jurisdiction over the divorce case.

What is the filing fee for a divorce in Missouri?

The court fees for filing the paperwork for a basic divorce in a Missouri court is $180.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

How long does it take to get a divorce in Missouri?

If the process moves along without holdups, the paperwork for a divorce in Missouri can be processed in a minimum of 120 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

3. Missouri General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Missouri. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

| State Law Official Text

** This Document Provided By MaritalLaws **
Source: http://www.maritallaws.com/states/missouri/divorce